Definitions- Groups 1-4 Flashcards
Adversarial System (Group1)
The modern day judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Decisions made by judges in previous cases(Group 1)
Precedent
S.33 of the canadian charter of rights and freedoms. Allows the federal and provincial government to pass legislation that is exempt from S.2 and SS.7 of the charter(Group 2)
Notwithstanding clause
Summary Offence(Group 3)
A crime that is considered less serious and carries a lighter penalty
Indictable Offence(Group 3)
A more serious crime which carries a heavier penalty
An offence that the crown can try either as an indictable or summary offence
Hybrid offence
Reasonable Limits(Group 2)
Legally allows the government to limit an individual’s charter rights
Stare Decisis(Group 1)
A latin phrase meaning “to stand by your decision”
Counselling(Group 4)
A crime that involves advising, recommending, or persuading another person to commit a criminal offence
Aiding(Group 4)
Criminal offence that involves helping a perpetrator commit a crime
Perpetrator(Group 4)
The person who actually commits the crime
Entrenched(Group 2)
To protect and guarantee a right or freedom by ensuring that it can only be changed by the amendment to the constitution
Habeas Corpus(Group 1)
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Ultra Vires(Group 2)
Beyond the power of government to pass laws
Abetting(Group 4)
The crime of encouraging the perpetrator to commit an offence
Common Law(Group 1)
Law that developed in English courts; relies on case law, and is common to all people
Interveners(Group 2)
One who intervened as a third party in a legal proceeding;brought in by the court and has no personal connection to either sides
Mens Rea(Group 3)
The Guilty Mind- A deliberate intention to commit a wrongful act, with reckless disregard for the consequences
NEEDED in a case (1/2)
Actus Reus(Group 3)
The Guilty Act- The voluntary action, omission, or state of being that is forbidden by the criminal code
NEEDED FOR A CASE(1/2)
Conspiracy(Group 4)
An agreement between two or more people to carry out an illegal act, even if that act does not actually occur
